OWI Crash in Wisconsin Leaves One Person Dead

 Posted on November 07, 2024 in DUI/OWI

One person died in a car crash in Franklin, WI, on November 2nd, near Lovers Lane Road and Rawson Avenue. Police have determined that the collision was caused by an intoxicated driver, who has been arrested. It is expected that the man will be charged with homicide by intoxicated use of a vehicle and potentially other OWI charges as well.

The deceased was a 74-year-old man who was pronounced dead at the scene. The driver of the other vehicle had minor injuries, which were treated before he was arrested and booked. If you have been charged with homicide by intoxicated use of a vehicle or any other type of OWI charges, it can benefit you to speak to a Menomonee Falls, WI OWI lawyer from Bucher Law Group, LLC.  

What is the Difference Between OWI and DUI in Wisconsin?

OWI in the state of Wisconsin means operating a vehicle while intoxicated or driving while drunk. DUI stands for driving under the influence, which could include the influence of drugs, both prescription and illegal.  Prosecutors and police in the state felt that people were getting away with drunk driving because of the "D" in DUI, which stands for driving.

For a person to be charged with DUI, the vehicle must be in motion, and the driver must be in physical control of the vehicle. OWI gives police a bit more latitude in charging a person who is sitting in the driver’s seat of a parked car with drunk driving.

What Are the Potential Penalties for Homicide by Intoxicated Use of a Vehicle?

If a driver with no prior OWI or DUI offenses is charged with homicide by intoxicated use of a vehicle, it will be charged as a Class D felony offense. A driver charged with homicide by intoxicated use of a vehicle who has one or more OWI or DUI offenses will be charged with a Class C felony.  

What Are the Potential Penalties for OWI and DUI?

A first-offense OWI or DUI in the state does not have jail time as a penalty unless someone was injured or a minor was in the vehicle. Fines and court costs can be as much as $800, with a license revocation of six to nine months. A mandatory ignition interlock device is required if the individual’s BAC is .15 or higher.  

A second OWI or DUI offense can result in fines and court costs between $350 and $1,100, mandatory jail time from five days to six months, a license revocation of 12 to 18 months, and a mandatory ignition interlock device. Penalties for third and subsequent OWI or DUI offenses are increasingly harsher.

Are There Valid Defenses for OWI?

Your defense will depend on your charges and the circumstances and facts surrounding your stop and arrest. Some common defenses include:

• There was no probable cause for the traffic stop.
• Protocols were not followed for field sobriety testing.  
• The breathalyzer machine was improperly maintained or calibrated.
• The breathalyzer operator was improperly trained or was not certified. 
• The defendant’s medical issues or medications skewed breathalyzer results.
• The defendant’s civil rights were violated.

Defenses to homicide by intoxicated use of a vehicle include:

• The defendant was not actually under the influence of alcohol or drugs.
• It cannot be shown that the defendant’s actions were negligent.
• The defendant’s actions were not the cause of death.
• Proper police procedures were not followed.  

Contact a Waukesha County, WI OWI Lawyer

If you or a loved one is facing OWI, DUI, or more serious homicide by intoxicated use of a vehicle charge, it is important that you speak to a knowledgeable Waukesha, WI OWI attorney before you say or do something that could damage your case. When you choose Bucher Law Group, LLC, you will have an attorney who fights for you, your rights, and your future every step of the way. We are available seven days a week, 24 hours a day, for your convenience. Call 262-303-4916 today to schedule your free consultation.